Section 6 in Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996
6. Fixation of Pay
Even though promotion under this scheme, which is 'IN-SITU', may not involve assumption of higher duties and responsibilities, the benefit of Article 77-B of the Jammu and Kashmir CSRs. will be allowed while fixing pay on promotion 'In-Situ' as a special dispensation:Provided that such benefit will not be allowed again at the time of the functional promotion of an employee if the functional promotion carries the same scale as has been allowed at the time of promotion 'In-Situ':Provided further that where an employee is entitled and promoted on 'In-Situ' basis under Rule 5 (i) and 5 (ii) of these Rules, his/her pay shall first be notionally fixed under Article 77-B of J & KCSRs. as a special dispensation in the intermediary pay scales(s) i.e. 1st and or Second Higher Standard Pay Scale(s)-indicated in Columns 3 & 4 of Schedule 1 of these Rules respectively and thereafter his pay fixed in the appropriate Second or Third Higher Standard Pay Scale indicated in Columns 4 & 5 of Schedule 1 of these Rules respectively as the case may be. However, no arrears on account of notional pay fixation in the intermediary pay scale(s) shall be paid w.e.f. 1-1-1995 to the date of issue of these Rules, but arrears shall be computed and paid as if the concerned official had got promotion 'In-Situ' from the existing pay scale indicated in Column 2 of Schedule 1 to Second or Third Higher Standard Pay Scales as indicated in Columns 4 & 5 of Schedule 1 of these Rules respectively as the case may be.Note:-The case may arise where an employee granted a Higher Standard Pay Scale on promotion 'In-Situ' under these Rules on or after 1-1-1995 draws a lower rate of pay than another, junior to him.In order to overcome such situation Govt. Instructions below Article 77-B of J&K Civil Service Regulations shall apply, mutatis-mutandis, to such cases of seniors, drawing pay less than juniors in respect of promotion 'In-Situ' under these Rules.
